Washington, D.C.,
May 18, 2012 – Following
months of hard work by the American Hotel & Lodging Association
(AH&LA)
and the lodging industry, the Department of Justice (DOJ) last night
announced
a substantial postponement of the ADA compliance date for existing
pools and
spas with ADA requirements for accessible entries. The new
compliance
date – January 31, 2013 – is more than an additional nine months beyond
the
original date of March 15, 2012.

AH&LA began its efforts immediately after
DOJ first announced in a guidance dated January 31, 2012 that pool
lifts used
to provide accessible entries into existing pools and spas must be
“fixed”
unless not “readily achievable,” next to the pool/spa at all times when
the
facilities are open, and cannot be shared between two bodies of water
even if
they are in the same location. DOJ subsequently clarified that
that “fixed”
means attached to the pool deck in some way. This means that
“portable”
lifts brought out upon request would not be acceptable, raising new
concerns
among members about safety risks and costs posed by “fixed”
lifts.
The hospitality and business community viewed this announcement to be a
significant change from the pool lift requirements issued by DOJ in its
September 15, 2010 final regulations and began its intensive campaign
to both
reverse these substantive changes and delay the compliance date.

AH&LA’s efforts resulted in DOJ initially
extending the March 15, 2012 deadline to May 21, 2012, while it
considered
comments to a Notice of Proposed Rulemaking (NPRM) to further extend
the
deadline to September 17, 2012. AH&LA submitted extensive
comments explaining
that a longer extension to allow lodging facilities to develop their
compliance
plans was needed in light of the new “fixed” lift requirement and to
obtain the
required equipment. Other groups, including the one representing
the pool
and spa industry, supported AH&LA’s position. AH&LA also
launched
an intensive campaign that resulted in a Congressional hearing on this
issue as
well as an amendment to a House Appropriations bill, H.R. 5326, which
would
prohibit DOJ from enforcing the fixed lift requirement for one year.
DOJ’s
decision to extend the compliance deadline to January 31, 2013 is a
very
significant victory, particularly because the outdoor pool season will
not
begin in some parts of the country until several months
later.

“Our hoteliers deserve credit for meeting
with their members of Congress to discuss the lodging industry’s common
sense
solutions to this issue,” said AH&LA Executive Vice President of
Public
Policy Marlene Colucci. “Their efforts resulted in overwhelming
Congressional
support, which forced DOJ to re-examine the unreasonable compliance
deadline.
We are pleased that DOJ responded to the calls from both our industry
and
Congress.”

The announcement by DOJ does not change the
substance of DOJ’s “fixed” lift requirement. In retaining this
requirement, DOJ did not address concerns raised by AH&LA and the
lodging
industry such as the increased liability associated with making lifts
permanently available when life guards are not present, sharing of
lifts between
multiple pools and spas, or the extensive construction and electrical
bonding
work needed to install fixed lifts.

The DOJ found that the delay will allow the
Department to “continue to educate covered entities about their
obligations
under the 2010 Standards…and to address misunderstandings that could
lead
covered entities to take unnecessary and counterproductive steps….” The
DOJ had
received over 1,400 comments urging additional time to comply with this
requirement outweighing the nearly 500 comments opposing any extension.

The DOJ specifically noted three areas of
concern resulting from misunderstandings. First, some operators took
steps to
comply with the entry requirements based on false understandings.
Second,
many operators were having difficulty in finding an adequate supply of
pool
lifts. Third, some operators were considering closing pools when
it may
not be warranted. For these reasons, the DOJ concluded a delay in the
compliance was necessary. DOJ noted that this delay does not affect
pool and
spas that are under construction or are being altered. The fixed
lift
requirement applies now to pools and spas being constructed or altered.

AH&LA continues to support efforts to
provide entry to pools and spas for all travelers and will seek
measures that
will ensure the safety of all guests. For AH&LA’s Myth v. Fact on
this
issue, click
here.

About the AH&LA
Serving the hospitality industry for a century, AH&LA is the
sole national association representing all sectors and stakeholders in
the
lodging industry, including individual hotel property members, hotel
companies,
student and faculty members, and industry suppliers. Headquartered in
Washington, D.C., AH&LA provides members with national advocacy on
Capitol
Hill, public relations and image management, education, research and
information, and other value-added services to provide bottom-line
savings and
ensure a positive business climate for the lodging industry. Partner
state
associations provide local representation and additional cost-saving
benefits
to members.